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RoHS and WEEE Directives RoHS and WEEE Directives - the EC - the EC
ReviewsReviews
April 2011
Outline of the Presentation
Why Reviews?
Process
Latest Progress – RoHS & WEEE
Forward Look & Further Information
Why Reviews?
Rationale for the RoHS Review
Article 6 of the original Directive
‘Mandatory’ issues to be included: -
- potential inclusion of WEEE Categories 8 & 9 in scope of RoHS and
- potential amendment to the list of substances; RoHS 6+
Rationale for the WEEE Review
Article 5.5 – Establishment of a new mandatory collection target
Article 7.4 – New targets for recovery, reuse and recycling for all categories, including (for the first time) category 8
Article 17.5 – Proposals for a new revised Directive
Process
European Commission
European Parliament
Council27 Member States
Vote Environment Committee
Commission’s proposals December 2008
Plenary vote
Environment Council
Negotiations
If agreement = first reading deal
If no agreement = second reading
18 months+
If no agreement at second reading = conciliation
Key Players in the Environment Council
• The Presidency(Czech Republic – Jan to June 2009;
Sweden – July to Dec 2009; Spain –Jan to June 2010; Belgium – July toDec 2010; Hungary – Jan to June 2011; Poland – July to Dec 2011)
• The European Commission
• All 27 EU Member States
EP Committee on Environment, Public Health and Food Safety
WEEE RapporteurKarl-Heinz FLORENZ Group of the European People's Party
(Christian Democrats)Christlich Demokratische Union
Deutschlands
RoHS RapporteurJill EVANS Group of the Greens/European Free
AlliancePlaid Cymru - Party of Wales
Latest Progress
The RoHS Recast
** ** HeadlineHeadline ** **
Nov. 2010Nov. 2010
First Reading Deal Secured!
The RoHS recast – Key Issues
Scope
- scope exclusions & definitions Additional Substances The Exemptions Procedure
- new exemptions for Categories 8 and 9 The ‘Goods Package’
Scope
The Directive will apply to: -
• the 8 original RoHS Categories
• plus WEEE Categories 8 and 9 – phased in between 3 and 6 years
• plus Category 11 – “Other EEE not covered by any of the categories above”!
But delayed………….
Category 11 does not apply for 8 years
…. and subject to review to be undertaken by Commission within 3 years
In addition, list of agreed exclusions to ‘open’ scope
Scope - Agreed Exclusions
1. Military equipment2. Equipment designed to be sent into space3. Equipment designed and installed as part of another type
of equipment not within scope4. Large-scale stationary industrial tools5. Large-scale fixed installations6. The means of transport7. Non-road mobile machinery for professional use8. Active implantable medical devices9. Photovoltaic panels10.R&D equipment only available on B to B basis
Scope - Definitions
“Electrical and Electronic Equipment (EEE)” Same as that in the current RoHS Directive
“Dependent” Commission's FAQ – dependent on electric
current or electromagnetic fields for its primary function
Recast – dependent on electric currents or electromagnetic fields to fulfil at least one intended function
Additional Substances
No immediate change to the restricted list of the RoHS six substances, (ie. lead, mercury, cadmium, hexavalent chromium, PBBs and PBDEs)
but…….
Recital 10 – HBCDD, DEHP, BBP and DBP
REACH-based methodology, Article 6
Exemptions Procedure
• Substitution is scientifically or technically impraticable
• Reliability of substitutes • Total negative environmental, health and
consumer safety impacts of the substitution outweigh the total environmental, health and consumer safety benefits
• Availability of substitutes• Socio-economic impact of substitution
• Impacts on innovation • Life-cycle thinking
Stand-alone criteria for granting
Criteria for granting and
length
Criteria for length
Exemptions Procedure
Duration of the Exemptions• 5 years for Categories 1-7, 10 and 11• 7 years for Categories 8 and 9Renewal• Application to be made 18 months before exemption
expires• Commission to decide no later than 6 months before
expiry date• Rejection of renewal or exemption shall not take effect
until at least 12 months and no later than 18 after the date of the Commission decision
Lists of Exemptions
Annex III exemptions apply to all Categories
Annex IV for exemptions that are specific to Medical Devices and Monitoring & Control Instruments (that is Categories 8 and 9).
The ‘Goods Package’
Recast Directive is aligned with EC Regulation No. 765/2008 (RAMS), which sets out the requirements for accreditation and market surveillance relating to the marketing of products
The RAMS Regulation has been directly applicable in all Member States from 1 January 2010
CE marking Articles 7 to 18 and Annex VI
The WEEE Recast
** ** HeadlineHeadline ** **
March 2011March 2011
Political Agreement on First Reading Reached!
The WEEE recast - Key Issues
Scope New Member State collection target Higher recovery, reuse & recycling targets Producer Issues Illegal shipments
Scope
Council has proposed the Directive should apply to:
• the original ten Categories for 6 years on a ‘closed’ scope basis
Then streamlined to five Categories on an ‘open’ basis
But ………….
…. subject to review to be undertaken by Commission within 3 years
In addition, list of additional exclusions to ‘open’ scope
Scope - Agreed Exclusions
Straightaway -• Military equipment• Equipment designed and installed as part of another type of
equipment not within scope
On move to ‘open scope’ -• Equipment designed to be sent into space• Large-scale stationary industrial tools• Large-scale fixed installations• The means of transport• Non-road mobile machinery for professional use• R&D equipment only available on B to B basis• Medical devices and In Vitro Diagnostic Medical Devices
New MS Collection Target
Proposed change in the way the MS target collection rate target is calculated.
Move from 4kg per capita to 45% POTM basis four years after Directive comes into force, but….
subject to a review no later than 3 years Rising to 65% after a further four years, but
again…
subject to a review no later than seven years
Recovery, reuse & recycling targets
Current recovery, reuse and recycling
targets to remain for three years
All targets to be increased by 5% after three years to account for re-use
But target set for Medical Devices for the first time straightaway (75% recovery; 55% recycling and reuse)
Producer Issues
Extension of producer responsibility for collection from households – Member State option
‘Producer’ to be defined on a national (not EU) basis
Harmonised regime –
practicalities
Illegal Shipments
Introduction of minimum monitoring requirements for the shipment of WEEE/used EEE
New Annex to address concerns of illegal exports and ‘dumping’
Interface with Waste
Shipment Regulations
However………
Second reading still to come and EP views conflict with Council/Member States on: -
Scope – immediate ‘open’ scope Higher collection targets and
sooner Separate reuse targets EU-wide definition for ‘producer’ Retailer obligations
Forward Look
RoHS
EP Plenary Vote confirmed agreement – 24 November 2010
Council adoption – 11 April 2011 OJ publication - June 2011? New UK Regulations – September 2012? New Directive applies from January 2013?
WEEE
EP Plenary Vote on First Reading – 3 February 2011
Council political agreement– 14 March 2011 Second reading from July 2011? Final agreement – December 2011? New requirements coming into force –
January 2014 or later?
Further Information
EC websitehttp://ec.europa.eu/environment/waste/weee/index_en.htm
http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm
BIS websitehttp://www.bis.gov.uk/policies/business-sectors/environmental-and-product-regulations/environmental-regulations
EP websitewww.europarl.europa.eu/news/public/default_en.htm
Thank you and questions?
Steve AndrewsEnvironmental & Product Regulation DirectorateDepartment for Business, Innovation & Skills1 Victoria StreetLondon SW1H 0ETUnited Kingdom
Email - [email protected] - www.bis.gov.uk